Law Commons^™

Sale In The Inverse Order Of Alienation: A Doctrine Both Fishy And Foul, Roger D. Redden

Maryland Law Review

No abstract provided.

Implied Warranties In The Sale Of Realty - Gilbert Construction Co. V. Gross, Nelson R. Kerr Jr.

Maryland Law Review

No abstract provided.

Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Tax Considerations In Real Estate Syndication, Sidney H. Asch

Villanova Law Review (1956 - )

No abstract provided.

Due Care In Drafting Real Property Descriptions, Dean T. Lemley

Cleveland State Law Review

A long, detailed description may be exasperating to the engineer, attorney, or title examiner when preparing and checking the deed, but it is not nearly so exasperating as is a long, detailed, and expensive law suit to the client. Identity of land is the sole purpose of the description, and the authorities are endless that nothing will pass by a deed except what is described in it, whatever the intentions of the parties may have been.

Legislation - Future Interests - Extinguishment Of Contingent Remainder Interests In The Unborn, Edward B. Stulberg

Michigan Law Review

Under the somewhat misleading title of "An Act To Permit the Dissolution of Estates Tail and To Permit the Conveyance of Contingent Remainder Interest and To Provide Procedure Therefor," Arkansas has enacted legislation which partially revitalizes an ancient common law rule that other legislatures and courts have been trying to eliminate for some hundred and fifty years-the doctrine of the destructibility of contingent remainders. Arkansas' Act 163 is thus unique among the modern statutes designed to increase the alienability of estates fettered with outstanding future interests.

Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr.

University of Richmond Law Review

A title examiner finds a recorded deed of trust which has not been released on the margin. He does not find a recorded release deed. A perusal of the records, however, reveals that twenty-one years have elapsed from the maturity date of the note secured by the deed of trust. The title examiner adverses the trustee (or, as a short-cut, the grantor of the deed of trust), but does not find a record conveyance from the trustee. May the title examiner safely ignore the deed of trust?

Real Property--Promoting The Marketability Of Land Titles, Robert E. Adams

Kentucky Law Journal

No abstract provided.

The Effect Of Article Nine Of The Uniform Commercial Code Upon Chattel Mortgages In Kentucky, Richard D. Cooper

Kentucky Law Journal

No abstract provided.

Factors--Tobacco Warehousemen--Conversion Of Mortgaged Property, James H. Byrdwell

Kentucky Law Journal

No abstract provided.

Reverse Eminent Domain: A New Look And Re-Definition, Charles E. Goss

Kentucky Law Journal

No abstract provided.

Property--Gifts--The Practical Status Of The Joint Bank Account With Right Of Survivorship In Kentucky, Carl R. Clontz

Kentucky Law Journal

No abstract provided.

Judgment Lien--Doctrine Of Relation Back--Notice Of Suit As Notice Of Lien, L. L. P.

West Virginia Law Review

No abstract provided.

A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler

Michigan Law Review

An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.

Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen

Washington Law Review

The acquisition by cities and towns of private property, and to some extent public property also, is provided for in Chapter 8.12 RCW, which enumerates the public purposes for which such property may be acquired upon payment of "just compensation." The statement of public purposes included in that chapter relate in the main to the furtherance of the governmental as distinguished from the proprietary functions of cities and towns. Said chapter is implemented and supplemented as to the latter functions by Chapter 80.40 RCW, which relates to the needs of cities and towns in the exercise of their proprietary functions, …

Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt

Washington Law Review

The following remarks on law, procedure, problems and preparation for trial of a condemnation case are not intended as a text for condemnation. I mention only some aspects of this highly diversified field; no set pattern can be applied to each and every condemnation trial. This discussion concerns state condemnation rather than condemnation by city or county. Highway design, right-of-way acquisition and construction require time. Because of the tremendous demand in our state for highway improvements, this field of condemnation is ever-expanding.

Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates

Washington Law Review

Following are some of the papers on condemnation law presented at one of the Legal Institutes held as a part of the annual meeting of the State Bar Association. These institutes are of great benefit to those who are able to attend and participate in them, but, as stated in the speech of Mr. Rhyne, President of the American Bar Association, there is a need to disseminate the material gathered at such institutes to lawyers who are not able to attend the proceedings. The editors of the Washington Law Review take great pleasure in publishing these papers, as a service …

Future Interests - Rule Against Perpetuities - Legislation Exempting Options To Purchase In Leases, Edward A. Manuel S.Ed.

Michigan Law Review

A recent West Virginia statute provides that in all leases subsequently executed, an option to purchase the whole or any part of the leased premises-exercisable during or at the end of the term is not subject to the rule against perpetuities. The statute also provides that the rule against perpetuities shall not constitute a defense to a suit to enforce such an option against the lessor. W. Va. Code (Michie, Cum. Supp. 1957) §3541(3).

Miscellaneous—Sovereign Power Of State, Jack Getman

Buffalo Law Review

People v. System Properties, 2 N.Y.2d 330, 160 N.Y.S.2d 859 (1957).

Real Property—Per Curiam, Buffalo Law Review

Buffalo Law Review

In re Port of New York Authority, 2 N.Y.2d 296, 159 N.Y.S.2d 825 (1957).

Real Property—Breach Of Covenant Of Quiet Enjoyment, Diane Gaylord

Buffalo Law Review

Dolman v. United States Trust Company of New York, 2 N.Y.2d 110, 157 N.Y.S.2d 537 (1956).

Real Property—Eminent Domain—Valuation Of Cemetery Property, Thomas Beecher

Buffalo Law Review

St. Agnes Cemetery v. State, 3 N.Y.2d 37, 163 N.Y.S.2d 655 (1957).

Real Property—Wrongful Dispossession Of Statutory Sub-Tenant—No Damages, Thomas Rosinski

Buffalo Law Review

Drinkhouse v. Parka Corporation, 3 N.Y.2d 82, 164 N.Y.S.2d 1 (1957).

Real Property—Eminent Domain—Just Compensation, Jack Getman

Buffalo Law Review

In re Huie, 2 N.Y.2d 168, 157 N.Y.S.2d 957 (1956).

Comments Concerning Examination And Evaluation Of Titles To Real Property In Virginia, Robert C. Vaughan

William & Mary Law Review

No abstract provided.

Recordation Of Deed Of Trust As Inquiry Notice, Janet R. Sumpter

William & Mary Law Review

No abstract provided.

Local Government Law -- 1957 Tennessee Survey, Thomas G. Roady Jr., Robert L. White

Vanderbilt Law Review

The substantial amount of litigation involving local governmental units, their officers and agents, continued during the period covered by this survey and if volume alone were any indication of significant growth and development in a given area of law this survey article would be of considerable importance. But, in general, the cases decided in this period draw on fairly well established legal rules and principles or upon legislation which has been designed to clarify existing problems. In view of this fact it does not appear justifiable to do much more than to present a summary of these decisions with brief …

Personal Property And Sales, F. Hodge O'Neal, Thomas G. Roady Jr.

Vanderbilt Law Review

Sales

Two sales cases were decided during the survey period. One of the cases, Henson v. Wright,' was an action by the buyer of a tractor to rescind the purchase for breach of warranty.

Judd v. Fruehauf Trailer Co. is a questionable decision which perhaps opens a way for a seller in a conditional sale contract to circumvent provisions of the conditional sales act designed to protect the conditional buyer.

Liability of Common Carrier: Is a carrier liable to a shipper for breach of contract for failure to deliver an animal lost en route from point of shipment to point …

Real Property -- 1957 Tennessee Survey, Thomas G. Roady Jr.

Vanderbilt Law Review

The Rule in Shelley's Case Revisited: During the period covered by this survey the Supreme Court of Tennessee handed down an opinion involving one of those problems periodically recurring in the real property field. In this decision the court revisited the Rule in Shelley's Case, pointing out the classic situation to which it applies and calling attention to the statute in Tennessee which abolished the Rule.

The question before the court was in terms of what estate the grantee, Ralph Parker, acquired where the conveyance was to "Ralph Parker and at his death to his bodily heirs." The court concluded …

Real Property, Gilbert J. Price Jr.

Washington Law Review

Covers cases on the conveyance of after-acquired title by quitclaim deed—effect of habendum clause.